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Can I get emancipated if I'm living at home? Alaska

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  • Can I get emancipated if I'm living at home? Alaska

    I'm turning 17 in April, and I want to get emancipated. I don't want ot go into full detail as to why, but basically I've been emotionally abused for years, and I need to get out. I downloaded a packet called "So you want to get emancipated?", which informed me that I do not meet two of the main criteria for petitioning for emancipation: I do not live away from home (that's why I want to get emancipated!) and I do not have parents' permission (obviously).
    I have had a good job for almost a year now, I'm graduating high school in December, I've got money saved up, I'm very responsible and mature, and I'll be getting my liscense and a car very soon. Both my school counselor and the other counselor I'm seeing have encouraged me to look into emancipation. I believe that I am responsible enough to live on my own, but my parents heartily disagree and say that a child is a child is a child, and unless I'm being abused (physically, they don't think emotional abuse counts, I guess) then there's no reason for me to not be under my parents' control. I honestly don't know if I'll be able to last aanother year living with my mom, and last year I made the decision to only visit my dad on certain weeks because THAT house was horrible.
    What should I do? Can I petition for emancipation while I'm living under her roof, without her consent? Do I have to wait out my time, or can I do something about my situation?

  • #2
    If you do not meet two of the requirements, what makes you think emancipation is an option?

    Unless you meet ALL the requirements, you cannot be emancipated. Period. No exceptions. No loopholes.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Well, I was hoping for some advice as to how to work towards meeting those requirements, but, er...thanks?

      Comment


      • #4
        You might want to start by reading all of the posts in the emancipation forum. I believe they have covered every issue possible there.

        Comment


        • #5
          While your reading through these threads here is statute for your state




          TITLE 9. CODE OF CIVIL PROCEDURE


          CHAPTER 55. SPECIAL ACTIONS AND PROCEEDINGS


          ARTICLE 8. REMOVAL OF DISABILITIES OF A MINOR


          SEC. 09.55.590. REMOVAL OF DISABILITIES OF MINORITY




          Sec. 09.55.590. Removal of disabilities of minority


          (a) A minor who is a resident of this state and is at least 16 years of age, who is living separate and apart from the parents or guardian of the minor, capable of sustained self-support and of managing one's own financial affairs, or the legal custodian of such a minor, may petition the superior court to have the disabilities of minority removed for limited or general purposes.


          (b) A minor or the legal custodian of a minor may institute a petition under this section in the name of the minor.


          (c) The petition for removal of disabilities of minority must state


          (1) the name, age, and residence address of the minor;


          (2) the name and address of each living parent;


          (3) the name and address of the guardian of the person and the guardian of the estate, if any;


          (4) the reasons why removal would be in the best interest of the minor; and


          (5) the purposes for which removal is sought.


          (d) The person who institutes a petition under this section must obtain the consent of each living parent or guardian having control of the person or property of the minor. If the person who is to consent to the petition is unavailable or the whereabouts of that person are unknown, or if a parent or guardian unreasonably withholds consent, the court, acting in the best interest of the minor, may waive this requirement of consent as to that parent or guardian.


          (e) The court may appoint an attorney or a guardian ad litem to represent the interests of the minor at the hearing. Appointment of an attorney or guardian ad litem shall be made in accordance with AS 25.24.310.


          (f) If the petition under this section is filed by a minor, the court may remove the disabilities of minority as requested in the petition if the court finds on the record after a hearing that the minor is a resident of the state, at least 16 years of age, living separate and apart from the parent or guardian of the minor, and capable of sustained self-support and managing the minor's own financial affairs. If the petition under this section is filed by the legal custodian of a minor, the court may remove the disabilities of minority as requested in the petition only if the minor consents on the record to the removal of disabilities and the court, in addition to making the other findings required under this subsection for a petition filed by a minor, makes a finding on the record that there is interpersonal conflict involving the legal custodian and the minor that the custodian and the minor have been unable to resolve satisfactorily through other means; the finding must include a description of the efforts that were made by the legal custodian to resolve the interpersonal conflict before the custodian filed the petition under this section. If the court determines that removal of disabilities is in the best interests of the minor, the court may waive the requirement for the minor's consent that is otherwise imposed under this subsection. In making its decision under this subsection, the court may consider whether a noncustodial parent of the minor is able and willing to petition for custody of the minor.


          (g) Except for specific constitutional and statutory age requirements for voting and use of alcoholic beverages, a minor whose disabilities are removed for general purposes has the power and capacity of an adult, including but not limited to the right to self-control, the right to be domiciled where one desires, the right to receive and control one's earnings, to sue or to be sued, and the capacity to contract.
          http://www.parentnook.com/forum/

          Comment


          • #6
            Originally posted by akskagirl View Post
            Well, I was hoping for some advice as to how to work towards meeting those requirements, but, er...thanks?
            Okay...

            Move out on your own and get your parents' permission.
            Not everything that makes you mad, sad or uncomfortable is legally actionable.

            I am not now nor ever was an attorney.

            Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

            Comment

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